BILL ANALYSIS                                                                                                                                                                                                    



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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2244 (Feuer)
          As Amended August 20, 2010
          Majority vote
           
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          |ASSEMBLY:  |50-25|(June 1, 2010)  |SENATE: |22-11|(August 25,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    HEALTH  

           SUMMARY  :  Requires guaranteed issue of health plan and health  
          insurance (collectively carriers) products for children  
          beginning in January 1, 2011.  Conforms provisions related to  
          guaranteed issue with federal law, as specified, and any rules  
          or regulations adopted pursuant to federal law.

           The Senate amendments  :  

           1)Delete all provisions referencing carrier coverage for adults  
            over 19 years of age.

          2)Prohibit preexisting condition provisions of a carrier policy  
            or contract from excluding coverage for a period beyond six  
            months following the individual's effective date of coverage  
            and permit them to only relate to conditions for which medical  
            advice, diagnosis, care, or treatment, including prescription  
            drugs, was recommended or received from a licensed health  
            practitioner during the six months immediately preceding the  
            effective date of coverage.

          3)Prohibit, not withstanding 1) above, a carrier policy or  
            contract offered to a small employer from imposing any  
            preexisting condition provisions upon any child under 19 years  
            of age.

          4)Permit a carrier that does not utilize a preexisting condition  
            provision to impose a waiting or affiliation period, not to  
            exceed 60 days, before the coverage issued becomes effective.   
            Prohibit, during the waiting or affiliation period premiums  
            from being charged to the enrollee or the subscriber.

          5)Require a plan, in determining whether a preexisting condition  
            provision or waiting or affiliation period applies to any  








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            person, to credit the time the person was covered under  
            creditable coverage, provided the person becomes eligible for  
            coverage under the succeeding carrier contract within 62 days  
            of termination of prior coverage, exclusive of any waiting or  
            affiliation period, and applies for coverage with the  
            succeeding carrier contract within the applicable enrollment  
            period.  Require a carrier to also credit any time an eligible  
            employee must wait before enrolling in the plan, including any  
            affiliation or employer-imposed waiting or affiliation period.  
             

          6)Require, if a person's employment has ended, the availability  
            of health coverage offered through employment or sponsored by  
            an employer has terminated, or an employer's contribution  
            toward health coverage has terminated, a plan to credit the  
            time the person was covered under creditable coverage if the  
            person becomes eligible for health coverage offered through  
            employment or sponsored by an employer within 180 days,  
            exclusive of any waiting or affiliation period, and applies  
            for coverage under the succeeding carrier contract within the  
            applicable enrollment period.

          7)Permit, in addition to the preexisting condition exclusions in  
            2) above and the waiting or affiliation period authorized in  
            4) above, carriers providing coverage to a guaranteed  
            association to impose on employers or individuals purchasing  
            coverage who would not be eligible for guaranteed coverage if  
            they were not purchasing through the association a waiting or  
            affiliation period, not to exceed 60 days, before the coverage  
            issued subject becomes effective.  Prohibit, during the  
            waiting or affiliation period, no premiums to be charged to  
            the enrollee or the subscriber.

          8)Require an individual's period of credible coverage to be  
            certified pursuant to the federal Public Health Services Act.

          9)Prohibit a carrier policy or contract issuing group coverage  
            from imposing a preexisting condition exclusion to a condition  
            relating to benefits for pregnancy or maternity care.

          10)Prohibit a carrier policy or contract that covers three or  
            more enrollees from excluding coverage for any individual on  
            the basis of preexisting condition provision for a period  
            greater than six months following the individual's effective  
            date of coverage.  Permit preexisting condition provisions  








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            contained in carrier policies and contracts to relate only to  
            conditions for which medical advice, diagnosis, care, or  
            treatment, including use of prescription drugs, was  
            recommended or received from a licensed health practitioner  
            during the six months immediately preceding the effective date  
            of coverage.

          11)Prohibit a carrier contract that covers one or two  
            individuals from excluding coverage on the basis of a  
            preexisting condition provision for a period greater than 12  
            months following the individual's effective date of coverage  
            or the carrier policy or contract to limit or exclude coverage  
            for a specific enrollee by type of illness, treatment, medical  
            condition, or accident, except for satisfaction of a  
            preexisting condition clause.  

          12)Prohibit a carrier policy or contract offered for group  
            coverage from imposing any preexisting condition provision  
            upon any child under 19 years of age.

          13)Prohibit a carrier policy or contract for individual coverage  
            that is not grandfathered within the federal Patient  
            Protection and Affordable Care Act (PPACA), as specified, from  
            imposing any preexisting condition provision upon any child  
            under 19 years of age.

          14)Delete the definitions for "Individual," "In force business,"  
            "New business," Rating period," "Risk-adjusted individual risk  
            rate," "Risk adjustment factor," and "Risk category."

          15)Define "Individual grandfathered plan coverage" as health  
            care coverage in which an individual was enrolled on March 23,  
            2010, consistent with PPACA, as specified, and any rules or  
            regulations adopted pursuant to PPACA.

          16)Define "Initial open enrollment period" as the open  
            enrollment period beginning on January 1, 2011, and ending 60  
            days thereafter.

          17)Define "Late enrollee" as a child without coverage who did  
            not enroll in a health care service plan contract during an  
            open enrollment period because of any of the following:

             a)   The child lost dependent coverage due to termination or  
               change in employment status of the child or the person  








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               through whom the child was covered; cessation of an  
               employer's contribution toward an employee or dependent's  
               coverage; death of the person through whom the child was  
               covered as a dependent; legal separation; divorce; loss of  
               coverage under the Healthy Families Program, the Access for  
               Infants and Mothers Program, or the Medic-Cal Program; or  
               adoption of the child;

             b)   The child became a resident of California during a month  
               that was not the child's birth month;

             c)   The child is born as a resident of California and did  
               not enroll in the month of birth; or,

             d)   The child is mandated to be covered pursuant to a valid  
               state or federal court order.

          18)Define "Open enrollment period" as the annual enrollment  
            period, subsequent to the initial open enrollment period,  
            applicable to each individual child that is the month of the  
            child's birth date.

          19)Define "PPACA" as the federal Patient Protection and  
            Affordable Care Act (Public Law 111-148), as amended by the  
            Health Care and Education Reconciliation Act of 2010 (Public  
            Law 111-152), and any subsequent rules or regulations issued  
            pursuant to that law.

          20)Revise the definition of "Pre-existing condition exclusion,"  
            with respect to coverage, to mean a limitation or exclusion of  
            benefits relating to a condition based on the fact that the  
            condition was present before the date of enrollment of the  
            coverage, whether or not any medical advice, diagnosis, care,  
            or treatment was recommended or received before that date.

          21)Revise the definition of "Responsible party for a child," as  
            an adult having custody of the child or with responsibility  
            for the financial needs of the child, including the  
            responsibility to provide health care coverage.

          22)Define "Standard risk rate," as the lowest rate that can be  
            offered for a child with the same benefit plan, effective  
            date, age, geographic region, and family status.

          23)Delete age and family size categories used to determine  








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            premium rates.

          24)Require, during each open enrollment period, every carrier  
            offering carrier policies or contracts in the individual  
            market, other than individual grandfathered carrier coverage,  
            to offer to the responsible party for the child coverage for  
            the child that does not exclude or limit coverage due to any  
            preexisting condition of the child.
          25)Prohibit a carrier offering coverage in the individual market  
            from rejecting an application for a carrier policy or contract  
            from a child or filed on behalf of a child by the responsible  
            party during an open enrollment period or from a late enrollee  
            during a period no longer than 63 days from the qualifying  
            event listed, as specified.

          26)Prohibit a carrier, except to the extent permitted by federal  
            law, rules, regulations, or guidance issued by the relevant  
            federal agency, from conditioning the issuance or offering of  
            individual coverage on any of the following factors:

             a)   Health status;

             b)   Medical condition, including physical and mental  
               illness;

             c)   Claims experience;

             d)   Receipt of health care;

             e)   Medical history;

             f)   Genetic information;

             g)   Evidence of insurability, including conditions arising  
               out of acts of domestic violence;

             h)   Disability; and,

             i)   Any other health status-related factor as determined by  
               the Department of Managed Health Care (DMHC) or the  
               California Department of Insurance (CDI).

          27)Prohibit the provisions in this bill from applying to a  
            carrier policy or contract providing individual grandfathered  
            plan coverage.








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          28)Require when a responsible party for a child submits a  
            premium, based on the quoted premium changes, and that payment  
            is delivered or postmarked, whichever occurs earlier, within  
            the first 15 days of the month, coverage under the carrier  
            policy or contract is to become effective no later that the  
            first day of the following month. 

          29)Require, when the payment referenced in 28) above is neither  
            delivered nor postmarked until after the 15th day of the  
            month, coverage is become effective no later than the first  
            day of the second month following delivery or postmark of the  
            payment.

          30)Prohibit a carrier offering coverage in the individual market  
            from rejecting the request of a responsible party for a child  
            to include that child as a dependent on an existing carrier  
            policy or contract that includes dependent coverage during an  
            open enrollment period.

          31)Prohibit the provision in this bill from being construed to  
            prohibit a carrier offering coverage in the individual market  
            from establishing rules for eligibility for coverage and  
            offering coverage pursuant to those rules for children and  
            individuals based on factors otherwise authorized under  
            federal and state law for carrier policies and contracts in  
            addition to those offered on a guaranteed issue basis during  
            an open enrollment period to children or late enrollees.

          32)Prohibit a carrier, other than those providing individual  
            grandfathered coverage, from imposing a preexisting condition  
            provision on coverage, including dependent coverage, offered  
            to the child.

          33)Prohibit the provisions in this bill from being construed to  
            prevent a carrier from offering coverage to a family member of  
            an enrollee in grandfathered carrier coverage consistent with  
            PPACA, as specified.

          34)Prohibit the provisions of this bill from applying to carrier  
            policies or contracts for coverage of Medicare services  
            pursuant to contracts with the United States government,  
            Medicare supplement contracts, Medi-Cal contracts with the  
            State Department of Health Care Services, plan contracts  
            offered under the Healthy Families Program, long-term care  








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            coverage, or specialized carrier policies or contracts.

          35)Require, upon the effective date of the provisions of this  
            bill, a carrier to fairly and affirmatively offer, market, and  
            sell all of the carrier's policies and contracts that are  
            offered and sold to a child or the responsible party for a  
            child in each service area in which the carrier provides or  
            arranges for the provision of health care services during any  
            open enrollment period, to late enrollees, and during any  
            other period in which state and federal law, rules,  
            regulations, or guidance expressly provide that a carrier is  
            prohibited from conditioning an offer or acceptance of  
            coverage on any preexisting condition.

          36)Prohibit a carrier from directly or indirectly engaging in  
            the following activities:

             a)   Encourage or direct a child or responsible party for a  
               child to refrain from filing an application for coverage  
               with a carrier because of the health status, claims  
               experience, industry, occupation, or geographic location,  
               provided that the location is within the carrier's approved  
               service area, of the child; and,

             b)   Encourage or direct a child or responsible party for a  
               child to seek coverage from another carrier because of the  
               health status, claims experience, industry, occupation, or  
               geographic location, provided that the location is within  
               the carrier's approved service area, of the individual or  
               child.

          37)Prohibit a carrier from directly or indirectly, entering into  
            any contract, agreement, or arrangement with a solicitor that  
            provides for or results in the compensation paid to the  
            solicitor for the sale of a carrier policy or contract to be  
            varied because of the health status, claims experience,  
            industry, occupation, or geographic location of the child.  

          38)Permit a carrier from using the following characteristics of  
            an eligible child for purposes of establishing the rate of the  
            carrier policy or contract for that child, where consistent  
            with federal regulations under PPACA: 

             a)   Age;









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             b)   Geographic region; and,

             c)   Family composition, plus the carrier policy or contract  
               selected by the child or the responsible party for the  
               child.

          39)Require, from the effective date of the provisions of this  
            bill to December 31, 2013, inclusive, rates for any child  
            applying for coverage to be subject to the following  
            requirements:

             a)   Prohibit, during any open enrollment period or for late  
               enrollees, the rate for any child due to health status from  
               being more than two times the standard risk rate for a  
               child;

             b)   Require the rate for a child to be subject to a 20%  
               surcharge above the highest allowable rate on a child  
               applying for coverage who is not a late enrollee and who  
               failed to maintain coverage with any carrier for the 90-day  
               period prior to the date of the child's application.   
               Require the surcharge to apply for the 12-month period  
               following the effective date of the child's coverage;

             c)   Permit, if expressly permitted under PPACA and any  
               rules, regulations, or guidance issued pursuant to PPACA, a  
               carrier to rate a child based on health status during any  
               period other than an open enrollment period if the child is  
               not a late enrollee;

             d)   Permit, if expressly permitted under PPACA and any  
               rules, regulations, or guidance issued pursuant to PPACA, a  
               carrier to condition an offer or acceptance of coverage on  
               any preexisting condition or other health status-related  
               factor for a period other than an open enrollment period  
               and for a child who is not a late enrollee;

             e)   Require, for any individual carrier policies or  
               contracts issued, sold, or renewed prior to December 31,  
               2013, the health plan to provide to a child or responsible  
               party for a child a notice that states the following:

               "Please consider your options carefully before failing  
               to maintain or renew coverage for a child for whom you  
               are responsible.  If you attempt to obtain new  








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               individual coverage for that child, the premium for  
               the same coverage may be higher than the premium you  
               pay now."

             f)   Require a child who applied for coverage between  
               September 23, 2010, and the end of the initial open  
               enrollment period to be deemed to have maintained coverage  
               during that period;

             g)   Require, effective January 1, 2014, except for  
               individual grandfathered carrier coverage, the rate for any  
               child to be identical to the standard risk rate; and,

             h)   Permit carriers to require documentation from applicants  
               relating to their coverage history.
          40)Require all carrier policies or contracts offered to a child  
            or on behalf of a child to a responsible party for the child  
            to conform to the requirements, as specified and to be  
            renewable at the option of the enrollee or responsible party  
            for a child on behalf of the enrollee except as permitted to  
            be canceled, rescinded, or not renewed.

          41)Require any carrier that ceases to offer for sale new  
            individual carrier policies or contracts pursuant to existing  
            law to continue to be governed by the provisions of this bill.

          42)Require, except as authorized under existing law, a carrier  
            that, as of the effective date of the provisions of this bill,  
            does not write new carrier policies or contracts for children  
            in California or ceases to write new carrier policies or  
            contracts for children in California from offering for sale  
            new individual carrier policies or contracts in California for  
            a period of five years from the date of notice to the director  
            of DMHC or the Insurance Commissioner.

          43)Permit, on or before July 1, 2011, the Director of DMHC and  
            the Insurance Commissioner to issue guidance to carriers  
            regarding compliance with the provisions in this bill and  
            prohibits guidance from being subject to the Administrative  
            Procedures Act, as specified.  Require the guidance to only be  
            effective until the director of DMHC or the Insurance  
            Commissioner adopt joint regulations pursuant to the  
            Administrative Procedure Act.

          44)Delete provisions related to risk adjustment factors applied  








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            to a child.

          45)Delete the provisions related to carrier disclosure  
            requirements.

          46)Make other technical and clarifying changes.

           EXISTING FEDERAL LAW  :
           
           1)Establishes the PPACA which requires each carrier that offers  
            health insurance coverage in the individual or group market to  
            accept every employer and individual that applies for such  
            coverage.  This requirement is known as "guaranteed issue."   
            Permits a carrier to restrict enrollment in coverage to open  
            or special enrollment periods.  Requires a carrier to  
            establish special enrollment periods for qualifying events.   
            Requires the federal Secretary of the Department of Health and  
            Human Services to promulgate regulations regarding enrollment  
            periods and qualifying events.

          2)Establishes, under PPACA, rating factors for individual and  
            small group health insurance, effective January 1, 2014, that  
            prohibit rates from varying with respect to the particular  
            plan only by the following factors:

             a)   Whether the plan or coverage covers an individual or  
               family;

             b)   The geographic rating area (each state must establish  
               one or more rating areas within the state);

             c)   Age, except that rates are prohibited from varying by  
               more than 3 to 1 for adults, consistent with federal law;  
               and,

             d)   Tobacco use, except that rates are prohibiting from  
               varying by more than 1.5 to 1.

          3)Prohibits a carrier from imposing any pre-existing condition  
            exclusion.  This provision becomes effective for adults in  
            2014 and for children on September 23, 2010.

          4)Requires carriers to maintain minimum essential health  
            coverage, establishes phased-in tax penalties for failure to  
            maintain such coverage, and allows exemptions from this  








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            requirement, such as for religious reasons, hardship, or  
            because an individual is low-income.  Requires the minimum  
            essential health coverage to take effect on January 1, 2014.   
            This requirement is referred to as the "individual mandate."

           EXISTING STATE LAW  :
          
          1)Licenses and regulates health plans, by the Department of  
            Managed Health Care (DMHC), and health insurers, by the  
            California Department of Insurance (CDI).

          2)Does not require guarantee issue or limit the premiums for  
            individuals in the individual health insurance market, except  
                                                            premiums are regulated for individuals eligible under federal  
            law who previously had 18 months of group coverage and who  
            have exhausted COBRA/Cal-COBRA coverage.

          3)Establishes requirements for health plans that provide  
            coverage to small employers.  Specifically, this body of law: 

             a)   Requires health plans to fairly and affirmatively offer,  
               market, and sell health coverage to small employers.  This  
               is known as "guaranteed issue;"

             b)   Requires health plans to offer, market, and sell all of  
               the health plan's contracts that are sold to small  
               employers, to any small employers in each service area in  
               which the plan provides health care services.  This is  
               known as an "all products" requirement;

             c)   Requires renewal of coverage, at the option of the  
               policyholder, unless there is fraud or nonpayment of  
               premium or the health plan leaves the market.  This is  
               known as "guaranteed renewal;" and, 

             d)   Restricts a plan's ability to set initial and renewal  
               premium rates to a group of specified risk categories (age,  
               region, family size, and health benefit plan) and allows  
               only a limited premium variance of plus or minus 10 percent  
               from a standard rate based on health status.  The  
               limitation on premium variance is referred to as "rate  
               bands."

          4)Limits pre-existing condition exclusions to six months from  
            the individuals' effective date of coverage, with a  








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            requirement that health plans credit policyholders for the  
            time the individual was covered under previous coverage. 

          5)Prohibits pre-existing condition exclusions of more than 12  
            months in policies and contracts covering one or two  
            individuals, with a requirement that plans credit enrollees  
            for the time the individual was covered under prior coverage.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, this bill will result in costs of $365,000 to the  
          Insurance Fund for CDI oversight in fiscal year (FY) 2010  
          through 2011 and is likely to cost in the hundreds of thousands  
          of dollars in FY 2010 through 2011 to the Managed Care Fund for  
          DMHC oversight.
           
          COMMENTS  :  According to the author, the newly enacted federal  
          health care reform law prohibits use of pre-existing condition  
          exclusions for children in the individual market.  The author  
          maintains there was a dispute between insurers and the federal  
          government about whether the new federal law requires guaranteed  
          issue and this bill would clarify that for California.   
          According to the author, the new federal law also does not  
          specifically address rating rules in the individual market prior  
          to 2014 or prohibit insurers from refusing to sell to entire  
          market segments.  The author maintains that this bill will align  
          California law with the federal health care reform law and will  
          ensure that children cannot be denied health insurance coverage  
          or be charged more because of a pre-existing condition.

          On March 23, 2010, President Obama signed the PPACA.  Among  
          other provisions, the new law prohibits group health plans or  
          individual health insurance carriers from imposing any  
          preexisting condition exclusion on coverage.  The rollout of the  
          law begins with children.  On September 23, 2010, insurers will  
          no longer be able to exclude children with preexisting  
          conditions from being covered by their family policies.  For  
          current policies, that means insurers will have to rescind  
          pre-existing-condition exclusions.  Insurers will not have to  
          take the same steps for adults until January 2014.
           

          Analysis Prepared by  :    Tanya Robinson-Taylor / HEALTH / (916)  








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          319-2097 


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